CROSBY v. SPROUL

No. 2656 Equity.

17 F.2d 325 (1927)

CROSBY v. SPROUL et al.

District Court, D. Massachusetts.

January 14, 1927.


Attorney(s) appearing for the Case

P. Gerald Ryan, of Ayer, Mass., and Phipps, Durgin & Cook, of Boston, Mass., for plaintiff.

Walter B. Grant and Henry E. Whittemore, both of Boston, Mass., for defendant Sproul.

Edwin A. Bayley, of Boston, Mass., for North End Sav. Bank.


MORTON, District Judge.

The plaintiff is the trustee in bankruptcy of Fred W. Sproul. He sues to recover as preferences certain payments made by Sproul individually to himself as guardian of Ella F. DeCoster. The bankruptcy proceeding against Sproul was instituted on February 20, 1926; the payments in question were made on or about November 19, 1925. The case was heard largely on oral testimony. The facts are as follows:

In 1917 Sproul was carrying on business...

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